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Registered: 07/06/10
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An Update On The Constitutional Challenge To Canada's Marijuana Laws
    #563885 - 06/12/11 07:12 AM (7 years, 11 months ago)

Matt Mernagh

420 Times

Saturday 11 Jun 2011
Back in April we reported on a huge constitutional victory in Canada for cannabis users. At the time Health Canada was given 90 days to fix its medical marijuana program. The feds in Canada are now looking for an extension to the 90 days. The man at the center of the case – writer, activist, and constitutional challenger Matt Mernagh – has been good enough to give us an update on what's going on.

With Health Canada doing nothing to comply with The Mernagh court ruling, they're relying on Public Prosecutions Canada (Department of Justice) to save em. On June 22 at 10 a.m. prosecutors will be seeking a stay or time-out on the 90 legalization deadline until their appeal can be heard by Ontario Court of Appeal. The legal term is an interlocutory motion. It will be argued before court of appeal.

Mernagh Weed Belt 196x300 An Update On The Constitutional Challenge To Canadas Marijuana Laws From Matt Mernagh

"Cannabis Champion of The World" Matt Mernagh

This is very serious! It will be held at Osgoode Hall 130 Queen St. West. We’re going to giver. Anticipate a legal scrap. We have some awesome arguments to keep the deadline rolling. Some of the prosecutors arguments are high-larious, but the feds are going to hit us with a low blow.

Firstly our three objectives;

1) Keep the deadline rolling
2) Quick hearing date for the appeal (within 6 months)
3) Sect. 56 Exemptions for our 22 witnesses

We're going to argue bad faith. Health Canada has done nothing in the past when given extensions, see R v. Beren. We're supplying an affidavit from lawyer Kirk Tousaw. We cross examined Health Canada Friday, June 3. Cannabis Culture is running a story soon. It's impossible for health canada to comply within 90 days. Providing a slew of directives (as evidence) they must follow in creating regulations. I've learned a great deal about creating regulation.

Health Canada testified they wanted to really work hard at consulting with everyone and therefore needed much more time. Yet somehow legislation is passed in 100 days.

The prosecutor has one objective. Stop the deadline at all costs. Besides throwing out the marijuana law (cultivation and possession), the justice also tossed out the whole medical marijuana program. This will cause chaos in Ontario for people currently in the medicinal marijuana program. We've fragmented a national program.

It's their strongest argument for their interlocutory motion only.

The feds want to suggest people with in-province designate growers would not be able to get their medicine. Because Health Canada’s med pot program no longer exists. Your designate would be trafficking. It's a tricky argument.

It's a legal low blow. Intended to fragment us. (Wonder how many people with DGs leave nasty comments.) We're going to accept getting hit after the whistle with their high thai stick.

The rest are silly. More people would consume cannabis if the laws were to fall, marijuana has harm, and the prosecutor has a strong case for The Mernagh Ruling to be overturned. It's hard to write that last sentence without breaking out in giggles.

I truly believe our arguments we'll win even after getting dinged in our ding-dong with DG argument.

Future marijuana policy in Canada depends heavily on the ultimate outcome of this case. Thanks again to Matt, and good luck to him on June 22nd.

- Joe Klare





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